Newlyn removed my car - Should I pay to get it back or wait?

[nieuk]

Hi,

This evening I had an unpleasant surprise when I came home from work, I did see my car parked outside. I was going to call the police immediately but luckily, my neighbour told me that it was towed away earlier and gave me details of a notice that was put on a car earlier in a day.

I called the Enforcement Agent and he eventually told me that there was unpaid PCN from a CCTV camera ( incorrectly turned right ) back in September. I have not been aware of that. Around that time I have moved my address, not very far, but informed DVLA and have V5C addressed correctly. I have asked him why was there no notice to me that I am due to pay anything, the original, notice and then any reminders from Council or Newlyn. It was clear from the conversation that he knew my new address and said that letters have been sent - I have not seen any, nor have I signed for any. it was late so I couldn't do anything tonight other than started googling and came across this forum, and this post from somewhere else: http://www.bailiffhelpforum.co.uk/viewtopic.php?t=196
My car is in a compound, I haven't or signed anything, just sent two emails to Newlyn and Council (1- Asking for a Fee breakdown, 2- Formal complaint similar to the one in the post.

Now the Question: Should I contact / go to the compound to pay and get my car back. Or do I stand better chance of not paying the extortionate amount (760) by making the complaint and leaving the car in there at a risk of loosing a dispute and having to pay 40 pounds a day for the storage. I was told it may take 19 days for a decision, but it will likely take longer - I could in theory be without a car this long but I'd sleep better having it with me.

What is in our opinion the best course of action? Immediately and the next steps?

I would appreciate quick response as I am under pressure to take retrieve it now at a risk of the fee increasing.

Many thanks in advance.
Nieuk

[R0b]

Re: Newlyn removed my car - Should I pay to get it back or wait?

first question is whether the car is on finance?

[nieuk]

Re: Newlyn removed my car - Should I pay to get it back or wait?

first question is whether the car is on finance?

Thanks for getting back to me.

No, the car is not on finance, I own it and I am not a vulnerable individual neither.

The main reason for my outrage and appeal is the lack of notice and removal of my car without any reasonable attempt to contact me by Council or Newlyn.

Thanks.
nieuk

[R0b]

Re: Newlyn removed my car - Should I pay to get it back or wait?

Bailiffs must usually give you 7 days notice before they visit your home, if they don't then they have not followed the correct procedure. If they have taken goods without following the correct procedure, ultimately you could go to court and argue this that they have not followed it and should return your vehicle.

You should also immediately notify the council outlining that they have failed to follow the correct procedure and also send a copy to the bailiffs too. I would also be concerned and mentioning the fact that a decision is unlikely to be less than 19 days or maybe longer which of course for each day is costing you £40 - that is not reasonable. who said that by the way was it the council or the bailiffs?

Be aware however, once you have paid something, it is far more difficult to get your money back. So in terms of collecting your vehicle it is your decision but if you refuse to pay the council it wouldn't surprise me if they attempted to collect the vehicle again and take it away.

[nieuk]

Re: Newlyn removed my car - Should I pay to get it back or wait?

You should also immediately notify the council outlining that they have failed to follow the correct procedure and also send a copy to the bailiffs too. I would also be concerned and mentioning the fact that a decision is unlikely to be less than 19 days or maybe longer which of course for each day is costing you £40 - that is not reasonable. who said that by the way was it the council or the bailiffs?

Be aware however, once you have paid something, it is far more difficult to get your money back. So in terms of collecting your vehicle it is your decision but if you refuse to pay the council it wouldn't surprise me if they attempted to collect the vehicle again and take it away.

Thanks.

To answer I have been told about the Storage Fees by the Enforcement Agent on a phone, and read a little on internet.

I have sent two emails to one to Newlyn only- Asking for a Fee breakdown and second one to Newlyn and Council, Formal complaint similar to the one in the aforementioned post where I have outlined the situation, the fact the address was changed and I haven't received any notice. Are emails enough, or could they turn back and said it was not received? I have however received a receipt with ticket number acknowledging it was being looked at.

What would be the next steps?
On information page I read that I need to fill in Statuary Declaration, Out of Time. Can this be submitted electronically?

Whilst I am absolutely outraged I simply do not have the time to be going to a Post Office or going to Northampton. I would like to get to bottom of it, because like many here believe it is almost harassment from Bailiffs and Council seem to pretend nothing bad is happening, but it is obviously a common practice!

thanks.
nieuk

[R0b]

Re: Newlyn removed my car - Should I pay to get it back or wait?

I'm afraid you will need to complete an N244 form and pay £155 fee if you need to go to court to get your belongings back. If you have no time for that then the simple answer is to pay up and go from there but don't expect much.

If you do decide to fill in the application then I can give you some tips on what to put but it is your decision - you wouldn't be trotting off to northampton as thats where all claims are processed, unless there is no other court closer to you.

[nieuk]

Re: Newlyn removed my car - Should I pay to get it back or wait?

I'm afraid you will need to complete an N244 form and pay £155 fee if you need to go to court to get your belongings back. If you have no time for that then the simple answer is to pay up and go from there but don't expect much.

Thank you R0b.

From your experience is it unlikely that I will get my money back or at least partial recovery of unreasonable costs?
Do you think it is not a strong case - the fact they have not provided me with a notice to pay before taking my car away? If they cannot prove they provided me with a notice this should have been an easy case to argue, no?

[R0b]

Re: Newlyn removed my car - Should I pay to get it back or wait?

I don't have specific experience of bailiffs and removal of goods, but only information I have given out on here and from what I have read. You could argue they did not send you a notice, they will argue they did, they will more likely send you a letter that has been knocked up in 5 minutes with your details filled in to show they have but couldn't prove it had been posted through your door - its a back and forth argument and it's all about the balance of probabilities in which person the judge thinks is likely to be true.

Is there anyone else in your household who can be an additional witness to say that there was no letter or post through your door on the day it was allegedly delivered? This may hold some weight but not a great deal and if you threaten court action the cost to you is probably £155 but the cost to the bailiffs are likely going to be more and they will also need to weigh up as well.

Again its not quite clear who told you that a decision may take 19 days, whether this was the bailiffs or the council. If it was the bailiffs you could argue that they are doing this to make a financial gain as it costing you £40 per day and 19+ days is completely unreasonable. The court would have the power to order your car back, plus any compensation if it deems fit, and potentially reduce the bailiffs fees.

You need to act fast on this, and you may wish to contact the bailiffs by phone again explain your intentions and you require an immediate response, follow it up with an email or letter confirming what was discussed and said referring to names of the person on the other end. If you do not hear back within the next 48 hours returning your vehicle you will make an immediate and urgent claim to the court for the return of it plus compensation due to a failure to adhere to the regulations.

I can't say whether it is a strong case or not as you are the only person who knows whether the letter has been posted through your door. As above, if you have other persons living in the house who can verify this may hold some weight in favour of yourself especially if someone was in that day but is not guaranteed.


EDIT: There may be others on here who do have specific experience and can help you through the process better than me but most of what I have said is fairly generic.

[nieuk]

Re: Newlyn removed my car - Should I pay to get it back or wait?

EDIT: There may be others on here who do have specific experience and can help you through the process better than me but most of what I have said is fairly generic.

Anyone else is able to help?

Please I need advice urgently. I am on a verge of paying the bastards to get my car back safely but also submitting TE9 and TE3 forms and want tok argue with them.

[nieuk]

Re: Newlyn removed my car - Should I pay to get it back or wait?

I have been told by the council that I should appeal and try reason with Newly ... but their sympathy counts for nothing as my car is still in the impound. And they will start charging the storage fee if I dont Pick it up tomorrow.

I tried raising the issue with TEC and all I got from them is that I sent wrong forms even though their website clearly said to submit Pe7 and Pe9. And now have to find a solicitor or a notary to sign the PE2 and PE3 for me so I can send it off. So after a day, 4h of googling and half day at work of filling in forms I have am still in no better position... What a nightmare this is.

Still unsure if I am better off I paying up and to pick the car and then trying to fight anything back or remain on the offensive and

Could bailif wreck my credit score as a result of this, and if so in what circumstances?

Thanks
Nieuk